Trump didn’t disclose full payments to Cohen in official paperwork

President Donald Trump could be facing yet another legal headache. A watchdog group is usually pointing to a discrepancy between his financial disclosures in addition to also also the payments made to his former lawyer as detailed in court documents.

In May, Trump signed a financial disclosure form which stated he “fully reimbursed” personal attorney Michael Cohen between $100,001 in addition to also also $250,000 in 2017. nevertheless court documents filed by federal prosecutors Tuesday stated which Cohen received $420,000 through the Trump Organization over the course of last year.

The discrepancy prompted the Project on Government Oversight, or POGO, to send a letter to the Office of Government Ethics, or OGE, on Thursday, asking the idea to review the matter. POGO is usually a nonpartisan independent watchdog which investigates in addition to also also exposes waste, corruption in addition to also also abuse of power, according to its website.

Specifically, the letter says OGE should look at whether Trump underreported “knowingly in addition to also also willfully, in violation of federal law.”

the idea also asked because of This kind of inconsistency to expand the Department of Justice’s investigation into Trump’s previous financial disclosure report, which did not include any debts or payments to Cohen.

“the idea is usually quite notable,” said POGO’s general counsel, Scott Amey. “This kind of may constitute a false statement by the president. If they were paying him $420 [thousand] they should have put the whole amount in there.”

The OGE states on its website which criminal action could be taken against any individual who “knowingly in addition to also also willfully falsifies information required to be reported.” The agency reiterated the point in a tweet Thursday.

OGE tweet

John Coffee, a professor at Columbia Law school focusing on securities regulation in addition to also also white-collar crime, said the difference of $170,000 is usually quite likely material, “therefore, a potential criminal violation.”

The whole situation revolves around payments which Cohen, Trump’s former personal lawyer, made to adult film star Stephanie Clifford, also known as Stormy Daniels. Cohen is usually known to have paid Clifford $130,000 just before the 2016 presidential election in exchange for her silence over an alleged affair with Trump.

Trump in addition to also also his team initially dodged questions on the topic, in addition to also also Trump denied knowing anything about the payment in April. nevertheless Rudy Giuliani, the president’s lead outside counsel inside Russia probe, confirmed the payment in early May in an interview with Fox News. Trump then tweeted about the idea, saying the idea wasn’t campaign related.

TRUMP tweet

Ethics experts wondered whether Trump’s debt to Cohen would likely be disclosed on his OGE form 278e, a financial disclosure which candidates in addition to also also public officials inside executive branch are required to complete annually.

Sure enough, the liability was reported in a footnote, dated May 15, 2018, in addition to also also signed by Trump. The OGE told the Department of Justice which the payment made by Cohen was required to be reported as a liability in addition to also also which the information provided inside form fulfilled which requirement.

nevertheless at This kind of point, with Cohen pleading guilty to the felony of creating an excessive campaign contribution, in addition to also also implicating the president inside process, the value of the disclosure is usually getting a fresh look.

The filing states which Cohen showed a copy of a bank statement to executives of the Trump Organization, reflecting the $130,000 he paid Clifford. He also added in a wire fee in addition to also also another $50,000 for “tech services.”

According to the filing, the idea was “the Company” which “grossed up” the requested reimbursement for “tax purposes” – to make sure Cohen got paid in full after paying taxes – an unorthodox practice for a reimbursement. They also added a bonus of $60,000. Cohen then sent monthly invoices, in addition to also also the total of $420,000 was paid to Cohen in $35,000 increments.

Amey says he doesn’t think there’s much “wiggle room” over the value of the disclosure.

By the time the president signed the form on May 15, 2018, the full sum has been paid out to Cohen.

The concern over the discrepancy is usually not unanimous. Since U.S. attorneys for the Southern District of fresh York viewed Cohen’s payment to Clifford as an illegal campaign contribution, the idea may become unnecessary for Trump to disclose the idea personally.

nevertheless Trump can’t possess the idea both ways. If he claims the payment had nothing to do with the campaign, as he did in his Fox News interview This kind of week, then the idea would likely need to be disclosed on his form 278e. Walter Shaub, former director of the OGE, in addition to also also former Obama ethics counsel Norm Eisen each tweeted about the issue This kind of week. They are both frequent critics of Trump.

Schaub tweet

Eisen tweet

To be clear, Amey says he is usually unaware of anyone being charged for an inaccuracy on a financial disclosure like This kind of. in addition to also also Coffee points out, “You can make a factually incorrect statement without the idea being criminal,” for example, if Trump did not know about the additional payments beyond $130,000.

The White house did not return CNBC’s request for comment by the time of publication. The Office of Government Ethics pointed CNBC toward the letter the idea sent the Department of Justice in May in addition to also also had no comment on the current matter.